Employment Appeal Tribunal

[billie-the-kid]

Hi all this is my first post and could do with a little help if anybody can help out.
I am about to start putting items together for my appeal against the judges judgements i have every thing i need bar the claim (ET1) form but there is a reason and it has been drafted up, mainly I need advice on the way to write it is there any particular lay out i should use or an order of how each item is put down on paper in its relevance to what i am appealing against?
I have a pretty good idea of what i need to do, but any input about anything to do with the employment appeal tribunal would be great.

thanks in advance for any input

billie-the-kid.

 

[LawHound]

The best advice we can give you is not to appeal against an employment tribunal decision without taking legal advice on the form and contents of the appeal. We mean here paid for advice on your whole case and the legal arguments and case law supporting your appeal grounds.

 

[Rhodes100]

Either you lost the tribunal case because your employee had a case against you, so a Judge is not going to change their opinion at an appeal. An appeal is not about a second chance to present your case to a different Judge in the hope of a different result.

Or you lost your case as you did not take professional advice in the first place representing yourself. It seems that you are having problems presenting your case, and if you do the same things you are likely to get the same negative outcome.

I agree with Lawhound, a reward perhaps a substantial one has been made against you, you should take professsional advice before you do anything else.

 

[sjbeale]

The EAT is only to appeal against a point of law that has not been adhered to which you need to show.

Depending on the reasons why you wish to appeal there could be a less formal route to go down, but I would strongly advise you have legal support as you only have one time chance to get it right and overturn a decision. Please pm me for details.

 

[billie-the-kid]

Thanks for the replies people, input on this good or bad helps both ways.
most of you said about professional legal help but money is non-exsistant and the nearest legal aid is over 40 miles away .

This may sound strange but I won the original employment tribunal for unfairdismissal but due to my "contributory conduct" no compensation was awarded and gross misconduct would stay on my personal record.
That is what I want to appeal against I have solid evidence that the judge simply did not take into account from reading his reasons, such as a government certificate backing my work, an on going enquiry from a different government body and clear documents from this government body that should have changed the course of everything as in not even have had any disciplinary action taken against me in the first place.

thank you all for the input, wish me luck

billie-the-kid.

 

[Miles Shelbourne]

Government certificatess (whatever they are) are simply (perhaps) one factor. The fact that the judge/tribunal made findings about your conduct is (conceivably) because they took other factors into account as well. Government certificates merely prove that government certificates exist - they do not prove that your conduct in a certain context was or was not/did or did not occur in a certain way.
PS - this is not formal legal advice as I do not have all facts etc

 

[Employment Law Clinic]

Billie the Kid,

Your case will very likely be thrown out on a sift – when a judge goes through the applications and decides if the case should even proceed, with the respondent then told of the appeal, etc.

You had a chance to appeal the disciplinary, and you had the chance to ask the Employment Judge to review their decision. If these processes have failed, and you are now taking this step without legal advice, I would suggest you have no chance at an EAT!

That is what I want to appeal against I have solid evidence that the judge simply did not take into account from reading his reasons, such as a government certificate backing my work, an on going enquiry from a different government body and clear documents from this government body that should have changed the course of everything as in not even have had any disciplinary action taken against me in the first place.

The Employment Judge may not have articulated their reasons related to the certificate as well as you would have liked, but as Sandra Beale has already mentioned, an appeal is normally based on a point of law. You can appeal if the original judgment is plainly perverse, but without seeing the judgment & the appeal, I can only speculate that it wouldn't be (these cases are very rare), but would be because the judge did not acknowledge your "government certificate" in more detail in the judgment.

The EAT will just about always accept the experienced tribunals findings of fact, so unless you could show that the findings were perverse, you'll be wasting your time.


Karl Limpert